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Mix-up over over alleged theft of ladies underwear

A KILRUSH man accused of stealing ladies underwear has said the charge is all a “mix-up”.

Jonathan Kenny (30), with an address at Elm Drive, Kilrush is charged with stealing female underwear from Penny’s Shop, Francis Street, Ennis on November 3, 2014.

Mr Kenny appeared before Ennis District Court on Wednesday.

Inspector John O’Sullivan handed in a schedule of the arrest, charge and caution of the accused.

Insp O’Sullivan told Judge Patrick Durcan the Director of Public Prosecutions (DPP) had directed the matter suitable for disposal in the district court.

Defence solicitor John Casey said his client could be put on his election in respect of the charge.

Judge Durcan put the charge to Mr Kenny and asked him if he wanted to have the case heard in the district court or before a Judge and jury in the circuit court.

Mr Kenny elected to have his case heard in the district court.

After reading out details of the charge in the busy courtroom, Judge Durcan put it to Mr Kenny, who was standing near the dock, that he seemed “amused” by the matter.

“I noticed when I read the charge to you, a grin spread from your right ear to your left”, the Judge said.

Mr Kenny replied that the alleged incident sounded different when it was read out.

“It was just a mix-up between me and my girlfriend”, he added.

Mr Casey said he required a short adjournment of the case.

Mr Kenny was remanded on bail to appear again at Ennis District Court on December 10, when he is due to indicate how he intends pleading to the charge.

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Volunteers recognised for Burren preservation

A GROUP of Clare volunteers, who give up their time to insure the preservation and better management of the Burren, have been recognised for their efforts and branded Ocean Heroes by an Taisce.

Formed in 2011, the BurrenBeo Trust Conservation are a group of north Clare locals who gather throughout the year to tackle some of the natural and manmade obstacles to the survival of the Burren.

The volunteers, who are on offshoot of the Kinvara based BurrenBeo Trust, were crowned as the an Taisce’s Ocean Hero Newcomer of the Year, in an award ceremony in Dublin last week.

While the volunteers have mostly focussed on inland activity in recent years, they received the award for their great efforts to return the Burren coastline to right following this January and February’s unprecedented storms.

“The spring storms hit the Burren coastline hard this year resulting in vast amounts of debris being carried far inland,” said a spokesperson from the volunteers.

“With a lot of hard labour and the support of Clean Coasts we have made a huge difference, leaving a large section of the Burren coastline visibly cleaner.

“We would like to thank all our volunteers for taking part in this project and the Clean Coasts team for all their support and advice.”

The volunteers work on a range of activities aimed at preserving the natural beauty and sustainability of the Burren.

Their work primarily involves the removal of scrub, which is taking over many areas of the Burren and threatens the sustainability of the Burren’s famous limestone pavement.

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Baref eld man found guilty of threatening to kill neighbour

A MOTHER of two felt like a “prisoner” in her own home because of years of harassment from her neighbour in Baref eld, a court heard. Patrizia Crowley was giving evidence on the fourth day of the trial of married couple Ann (64) and Martin (67) McLoughlin, at Ennis Circuit Criminal Court.

Recalling an alleged encounter with Ann McLoughlin at the Crow ley’s home at Creggard Baref eld on Febraury 14, 2012, Ms Crowley told the jury, “I got an awful pain in my chest and my legs were like jelly”, following something allegedly said by Ms McLoughlin, which she de nies saying.

Asked by Counsel for the Director of Public Prosecutions (DPP), Ste phen Coughlan, how all of this made her feel, Ms Crowley said she was “constantly terrif ed”. “I feel like a prisoner in my own home”.

Ann McLoughlin, with an address at Ballymaconna, Baref eld, was ac quitted by a jury last week of harass ing Raymond Crowley and Patrizia Crowley at their home in Baref eld on dates unknown between October, 2006 and March, 2012.

Ms Crowley outlined to the jury a number of encounters she had with Martin McLoughlin between 2004 and 2012.

Ms Crowley told the court she and her husband decided to move to Bar ef eld to be close to her father follow ing the death of her mother.

Ms Crowley said she f rst met Martin McLoughlin when she and her husband visited the site in Creg gard in 2004. She told the jury Mr McLoughlin told the couple not to buy the site because it was a bad site.

In October 2006, Ms Crowley said a black pipe was broken when a dig ger opened an entrance to the site. She said Martin McLoughlin came over and started “ranting and rav ing”, telling her husband that was strike one and he would be sorry. “I had my three and a half year-old son with me. I felt very uncomforta ble, intimidated”, she said. Ms Crowley recalled an encoun ter on March 19, 2010 when Mr McLoughlin threatened to kill her husband. She told the jury she was sitting in a car with her children about three feet away when Mr McLoughlin told Ray Crowley, “I will get my lads to beat the s*** out of you and bury you in the wall”. Ms Crowley told Mr Coughlan that after seeking legal advice, the couple decided to install CCTV and log all encounters with the McLoughlins in a diary. Ms Crowley said she thought Mr McLoughlin was going to drive his tractor into her car as she exited the area in June 2011.

She said she was in her car at the narrowest point on a rural road when Mr McLoughlin’s tractor came to wards her. “He sat in his tractor laughing at me”, she said.

“My legs were shaking. I had an awful pain in my chest. I could hard ly breathe”, she added.

In July 2011, Ms Crowley said she was at home with her two children when she saw Mr McLoughlin wear ing a baseball cap and a scarf around his face, walking near the boundary of the Crowley’s property.

“He was leaning in over the wall…I thought he was going to come in and kill us”, she recalled to the jury.

She gave evidence of other occa sions of being at home when her husband was at work and Mr McLough lin would be around the property staring in and making “groaning and grunting” noises. “I’m terrif ed for myself, my family and my kids”, she added. She said, “I won’t go outside the door and walk around the garden unless Raymond is with me. I am too terrif ed. If I have to go see my neighbours straight across the road, I will drive across the road.” Ms Crowley recalled how on Sep tember 13, 2011, she had just returned from the school run when she saw Mr McLoughlin coming down the road ahead of her. She said she pulled her car to the side of the road to let him pass. She said the accused put his f st up towards her as he passed. Asked what effect this had on her, Ms Crowley told the jury, “I had an awful pain in my chest. I could hadly breathe”. Ms Crowley continued, “I only moved to Baref eld for the quiet life and the peace and I never got it”. Martin McLoughlin, a retired of f cer with the Department of Agri culture with an address at Ballyma conna, Baref eld, was found guilty of harassing Raymond and Patrizia Crowley at Cregarrd Baref eld on dates unknown between October 20006 and March 2012. On Friday, the jury also found him guilty of threatening to kill Raymond Crowley at his home on March 19, 2010. He was acquitted of making another threat to kill Mr Crowley on September 24, 2011. However the jury found him guilty of causing criminal damage to trees and hedges belonging to the Crow leys on September 24, 2011. Mr McLoughlin, a father of sev en, was remanded on bail to appear again in court on January 12, 2015.

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‘Air rage incident is described as psychotic episode’

A LIMERICK man who suffered a psychotic episode aboard an Aer Lingus f ight that was diverted to Shannon has had the charge struck out against him. No criminal conviction will be recorded against Blaine Lenihan (22).

Mr Lenihan, with an address at Puckane, Murroe, Limerick plead ed guilty in October to engaging in behaviour with intent to provoke a breach of the peace on an Aer Lin gus f ight on June 8, 2014, contrary to the Air Transport and Navigation Act.

Blaine Lenihan (22), had to be re strained after becoming abusive to cabin crew and his brother during the f ight on June 8.

Inspector Tom Kennedy told the court gardaí in Shannon received a report that a passenger had to be restrained during a f ight from New York.

The court heard staff were forced to intervene after Mr Lenihan became “uncooperative” and “abusive”.

Despite efforts of cabin and crew to restrain the accused, the f ight, which was carrying 173 passengers, was forced to divert to Shannon at 5.45am.

Mr Lenihan has no previous con victions.

Defence solicitor John Casey said his client travelled to American to meet friends staying there on J1 vi sas.

“He took some form of drug and that led to a psychotic episode”, Mr Casey explained.

He told the court Mr Lenihan’s be haviour in America became totally irrational.

The court heard Mr Lenihan was arrested and spent three days in county jail. Mr Casey his client’s family were seriously concerned for his well be ing.

He said Mr Lenihan’s brother f ew to America to bring him home for treatment.

The court heard when Mr Lenihan returned to Ireland he was detained under the mental health act for six weeks.

Judge Patrick Durcan asked the ac cused to write a letter of apology to the captain and crew.

He said if Mr Lenihan also paid a sum of € 500 to the court box, he would consider dealing with the case in a manner that wouldn’t affect the accused’s good record.

Mr Lenihan was remanded on bail to appear again at Ennis District Court on November 19.

On Wednesday, Mr Casey told the court his client had written the let ters of apology and had the € 500 with him in court.

Judge Durcan said, “I strike it out on that basis”.

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New bishop to decide on women deacons

WOMEN deacons will not be introduced this year, and cannot be introduced until a new Bishop of Killaloe is ordained.

The outgoing bishop – Archbishop Kieran O’Reilly SMA- had suspended the introduction of any deacons to the diocese following a public objection by parishioners and some priests to a men only advertisement for the role.

At the weekend the local Catholic bishop was announced as the successor to Archbishop of Cashel and Emly Dermot Clifford, and will continue in an administrative type role only in Killaloe during the coming months until he off cially takes over his new post in Thurles.

An administrator will then take over the running of the diocese of Killaloe until a new bishop is ordained. Communications Off cer with the diocese Fr Brendan Quinlivan said that the process is all clearly set out in Cannon Law.

“Any internal work that has already started will continue, but the administrator does not make any innovations that would be binding on the incoming bishop,” he said.

Archbishop O’Reilly is expected to be installed as Archbishop of Cashel and Emly in February.

Newly appointed Archbishop Kieran O’Reilly said he f rst heard of his appointment to the Dioscese of Cashel and Emly on Monday last week when the Papal Nuncio asked to meet with him.

“The moment the nuncio asked me it knocked me for six. It is not something you expect to happen. It is a bit like something has been taken away from you, something you had become very assured with and that you were working with and it takes a bit of getting use to,” he said.

The outgoing Bishop of Killaloe said that the next few weeks will be about letting go as he takes up an administer role in the diocese until his installation.

Adding that he was looking forward to serving the people of his new dioceses he said there is much he will miss about his f rst ever diocese. “In that time I have been privileged to work and serve with a deeply committed group of priests and people. I have encountered so many people with a great love for Jesus Christ and commitment for the life of the Church.

“I will always treasure the personal friendships I have made and give thanks to God for the support I have received here in the Diocese of Killaloe.

“I pledge to keep all of you in my prayers and gently request that you might do the same for me as I take up this new appointment,” he said.

The Cork native was ordained Bishop of Killaloe in August 2010 following the retirment of Bishop Willie Walsh.

Born in Cork city on August 8, 1952 he was the eldest of f ve children born to Seán and Theresa O’Reilly.

He was educated at the Presentation Brothers, Scoil Chríost Rí, Turner’s Cross and Coláiste Chríost Rí, Cork before joining the Society of African Missions in Wilton, Cork in 1970.

Bishop O’Reilly received a Bachelor of Arts Degree from St Patrick’s College, Maynooth in 1974 followed by a Bachelor of Divinity in 1977 and a Diploma in Mission Studies in 1978.

He was appointed Vicar General of the Society of African Missions from 1995 to 2001 and elected as the 11th Superior General of the Society of African Missions from 2001 to 2007.

He was re-elected to that position in 2007, before being appointed bishop elect by Pope Benedict XVI on May 2010. Meanwhile the search to f ll the vacancy in Killaole will now begin. Filling the role could take months or even years, as was the case in Limerick.

There are currently four diocese without bishops.

The Papal Nuncio will begin the search for possible contenders to f ll the top job in Killaloe, by contacting parish groups, schools and other interested bodies. He will then send a list of the most qualif ed, which could include some names he suggests to the Congregation of Bishops in Rome. The bishops will propose three names to the pope with a preferred candidate indicated, and Pope Francis will make the f nal decision, with an option of appointing someone not recommended by the bishops. Three names expected to be among the nominees are the three priests nominated over four years ago when Bishop O’Reilly was appointed – Fr Tom Hogan, Fr Des Hillery, and Fr Albert McDonnell. However an informed punt would back an outsider, as all bishops appointed in the last number of years have been appointed from outside their own diocese. Then, Bishop O’Reilly was the f rst priest from outside the diocese to f ll the position in over 200 years.

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Man guilty of child porn possession

A FORMER factory worker who pleaded guilty to possession of child pornography at his home in Ennis has avoided an immediate prison sentence.

The 49-year-old father of one pleaded guilty in March to possession of f ve images and 43 movies of child

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Water protesters plan demonstration during Taoiseach’s visit to Clare

TAOISEACH Enda Kenny (FG) will receive a hot reception when he visits Shannon next Monday with hundreds of anti-water charge campaigners expected to take to the streets in protest.Clare Says No To Water Charges and the Right to Water group will host separate protests in Shannon on the day, with the Taoiseach in Clare to open a new facility at Genworth.

In the wake of violent scenes in Dublin over the weekend, both Clare groups said yesterday that they want the Shannon protests to remain peaceful.

“We don’t want to see what happened in Tallaght. We don’t want things getting out of hand or any problems occurring. We want this to be completely peaceful,” said Shannon councillor and member of the Right To Water group, Mike McKee (SF).

“I would condemn any riotous or overly boisterous behaviour. You get that in certain places and I would certainly hope that it will not happen here.

“We would demand that the people who come out keep it peaceful, oth- erwise we don’t want them with us.” These sentiments were echoed by Paul Whitmore of the Clare Says No To Water Charges group, who also announced a third protest march for Ennis on November 29.

“We are planning a peaceful protest. We want to get the message across that Irish Water should be abolished and the powers should go back to the county council,” he said.

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Clean record saves teen from jail

A TEENAGER who robbed a handbag from a female pensioner in Shannon has been spared a criminal conviction.

At Ennis Circuit Criminal Court yesterday, Judge Carroll Moran applied the Probation Act in respect of the 17 year-old after being told of the teenager’s clean record and “excellent engagement” with the Probation Services. An 18 year-old man, who admitted a charge of handling stolen property, also received the benef t of the Probation Act. The charges arose following an incident at Tullyvarraga Hill, Shannon on July 9, 2012.

At a sentencing hearing in March, Detective Garda Roddy Burke of Shannon Garda Station told prosecuting counsel Stephen Coughlan BL, that an elderly woman was walking on a private footpath when the then 16 year-old came up behind her and snatched her handbag.

The woman gave chase but slipped on a step and fell. She was hospitalised for eight days and treated for a cracked pelvis and chipped hip.

A then 16 year-old pleaded guilty to robbing the woman’s handbag, con- taining € 45. A then 17-year-old boy, with no previous convictions, pleaded guilty to handling stolen property.

Final sentencing in the case was adjourned to allow for the preparation of reports from the Probation Services. Neither of the accused have any previous convictions.

Judge Carroll Moran said, “This was a serious matter. The injured party was 73 years-old at the time and was targeted in a handbag snatch”. He said the woman showed “great fortitude” in giving chase to the accused. He said the targeting of elderly people is a serious matter, that in normal circumstances would warrant serious punishment.

But Judge Moran noted from the report that there had been an “excellent engagement” from the now 17-yearold with the Probation Services.

He said the services are of the view the accused will not offend again.

Judge Moran said he did not want to criminalise this young man anymore than he had to. Neither accused has come to Garda attention since the incident. He applied the Probation Act in respect of both teenagers and. Both accused entered into bonds to be of good behaviour.

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Judge Moran welcomes ‘delightful lies’

A NEWLY-appointed High Court Judge has said time spent staying in Kilkee ranks among his most treasured memories of working in Clare.

Judge Carroll Moran recalled his time on the bench in Clare on his last day presiding over circuit court business in Ennis Courthouse.

The judge, who has sat in Clare on a permanent basis on the southwestern Circuit since 2004, has been promoted to the High Court.

Yesterday he recalled the period when the circuit court sat in Kilrush to facilitate the re-development of Ennis Courthouse.

Judge Moran said he stayed at the Stella Maris Hotel in Kilkee. He told the court that most people are familiar with Kilkee in the summer but “to be in Kilkee in February is quite an experience” as the Atlantic waves crashed against the cliffs. Judge Moran said he would “treasure” those memories of Kilkee for a long time.

Judge Gerald Keys, the circuit court Judge in Clare, led tributes to Judge Moran, saying, “This court has lost an extraordinary good Judge.”

Judge Keys said Judge Moran’s “appetite for work is quite extraordinary” and set down quite a precedent for others to follow.

Speaking on behalf of the Clare Bar Association, Michael Collins BL, said Judge Moran was a man of “administrative f air”, of “courtesy” and “compassion”.

He said Judge Moran is an “unfathomable font of patience”.

President of the Clare Law Association, William Cahir, said the people of Clare had been well served by Judge Moran’s efforts to reduce the long delays in circuit court lists that had existed in the county in 2002.

State solicitor for Clare Martin Linnane said, “You deserve your elevation judge and I wish you all the best.”

Chief Supt of the Clare Garda Divi- sion, John Kerin thanked Judge Moran for the courtesy he had shown to all gardaí.

He praised the judge for the “humane” manner in which he had dealt with cases. Court off ce manager, Josephine Tone said it had been a pleasure to work with Judge Moran and to see him work.

Judge Moran said he was “overwhelmed” by the compliments and “delightful lies!” he had heard.

He paid tribute to all court services staff, past and present, he worked with and his predecessors on the bench, Judge Kevin O’Higgins and Judge Sean O’Leary.

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‘Fell of the wagon and stole phone’

A SHANNON man who admitted stealing a phone at a house party has escaped an immediate jail sentence.

However Judge Patrick Durcan told Kenneth Ryan (21) that he would have no hesitation in sending him to jail if reoffends over the next two years.

At Ennis District Court on Wednesday, Judge Durcan imposed a a two month sentence on Mr Ryan after he pleaded guilty to the theft of a mobile phone from a house in Ballycasey, Shannon on July 27, 2014.

The court heard Mr Ryan, with an address at Tradaree Court, Shannon, committed the offence two months after being placed on a probation bond.

Inspector Tom Kennedy told the court the phone was discovered on Mr Ryan after he was arrested by gardaí for a public order offence in Shannon. The court heard the phone had been stolen from a woman who had attended a house party in the hours prior to Mr Ryan being detected.

Mr Ryan has previous convictions for drugs, criminal damage and public order. Defence solicitor Tara Godfrey said her client developed quite a signif cant problem with alcohol at an early age but has taken steps to address the issue.

“I would say this is very much a falling off the wagon situation”, she added.

Urging the court to be lenient, Ms Godfrey said her client is a young man with a future.

Judge Durcan imposed a two month prison sentence, suspended on condition Mr Ryan enter into a bond to be of good behaviour.

Mr Ryan entered into the bond. Judge Durcan warned Mr Ryan that if he fell off the wagon again over the next two years, he would serve to full two months.